VidhiSangh

Supreme Court of India · 14/08/2020

BABULAL VARDHARJI GURJAR versus VEER GURJAR ALUMINIUM INDUSTRIES PVT. LTD. & ANR.

[2020] 13 S.C.R. 368 · 2020 INSC 490

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Summary

A financial creditor’s March 2018 insolvency application, pleading default on 8 July 2011, was barred by limitation. Article 137 governed the Section 7 application; neither commencement of the Insolvency and Bankruptcy Code nor mortgage-related limitation supplied a fresh starting point. Even assuming Section 18 acknowledgment principles applied, the application laid no factual foundation for their invocation. The admission orders and consequential insolvency proceedings were annulled, without prejudicing other proceedings on their merits.

Issues

  1. What limitation period and starting point governed the financial creditor’s Section 7 application.
  2. Whether acknowledgment arguments could save limitation without a foundation in the application.

Provisions considered

Held

Result

Appeal allowed to the indicated extent; NCLAT and NCLT orders set aside and Section 7 application rejected as time-barred. Consequential insolvency proceedings annulled. Other proceedings preserved on their own merits. No costs.

Judgment PDF: Supreme Court of India, [2020] 13 S.C.R. 368.